Bethany Care Society Collective Agreement 2020-2024

Article 40: Grievance Procedure

1. Definition of Time Periods
   1. For the purpose of this Article and the Grievance Arbitration Article, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays.
   2. Time limits may be extended by mutual agreement, in writing, between the Union and the Employer.
2. Resolution of a Difference between an Employee and the Employer
   1. Formal Discussion
      1. If a difference arises between one or more Employees and the Employer regarding the interpretation, application, operation or alleged contravention of this Collective Agreement, the Employee(s) shall first seek to settle the difference through discussion with their immediate Supervisor. If it is not resolved in this manner, it may become a grievance and be advanced to Step 1.
      2. However, the mandatory formal discussion stage set out in Sub-clause 40.02(a) (i), may be bypassed when the Employee has been formally disciplined.
      3. In the event that the difference is of a general nature affecting two (2) or more Employees, the Employer and the Union may agree that the grievances be dealt with as a group grievance commencing at Step 1.
   2. Step 1 (Manager of the Department)
      The grievance shall be submitted, in writing, and signed by the Employee, indicating the nature of the grievance, the clause or clauses claimed to have been violated, and the redress sought to the Manager of the Department or their designate, within ten (10) days of the act causing the grievance, or within ten (10) days of the time that the Employee could reasonably have become aware that an alleged contravention of this Collective Agreement may have occurred.  Upon receipt of the grievance, the Manager of the Department or their designate will convene a meeting within ten (10) days.  The decision of the Manager of the Department shall be made known to the Employee and the Union within ten (10) days of this grievance meeting.
   3. Step 2 (Administrator of the Centre)
      Within ten (10) days of receipt of the decision of the Director of the Department, the grievance may be advanced to Step 2 by submitting to the Administrator, or their designate, a copy of the original grievance with a letter indicating that the grievance has not been resolved.  Upon receipt of the grievance, the Administrator shall convene a meeting within ten (10) days.
      
      Within ten (10) days of the date of the meeting, the Administrator, or their designate, shall render a decision, in writing, to be forwarded to the Union and the grievor.
   4. Step 3 (Arbitration)
      Should the grievance not be resolved at Step 2, the Union may elect to submit the grievance to Arbitration.  In this case, the Union shall notify the Employer, in writing, within ten (10) days of the receipt of the decision of the Administrator, or their designate, that the Union wishes to proceed to Arbitration, and at the same time, the Union shall name its appointee to the Arbitration Board.  By mutual agreement between the Parties, in writing, a single Arbitrator may be appointed.
   5. Neither the Employee nor a representative of the local unit of the Union who may attend a meeting with the Employer respecting a grievance shall suffer any loss of regular earnings calculated at the basic rate of pay for the time spent at such a meeting.
   6. An Employee shall be entitled to have a member of the local unit Executive or any duly accredited officer employed by the Union present during any grievance meeting pursuant to the Grievance Procedure of this Collective Agreement.
   7. A dismissal grievance shall commence at Step 1.  By mutual agreement of the Parties, a dismissal grievance may commence at Step 2.
   8. Time limits for filing of a dismissal grievance shall be as stated in Sub-clause 40.02(b).
3. Resolution of a Difference between the Union and the Employer
   
   Union Grievance Procedure
   1. Formal Discussion
      In the event that a difference of a general nature arises regarding interpretation, application, operation or alleged contravention of this Collective Agreement, the Union shall first attempt to resolve the difference through discussion with the Manager of the Department or the Administrator of the Centre (or their designates) as appropriate within ten (10) days of the act causing the grievance, or within ten (10) days of the time that the Union could reasonably have become aware that an alleged contravention of this Collective Agreement may have occurred.  If the difference is not resolved in this manner to the Union’s satisfaction, it may become a policy grievance commencing at Step 2, the Administrator of the Centre.
   2. Administrator of the Centre
      The Union shall submit a policy grievance, in writing, to the Administrator, or their designate, and shall indicate the nature of the grievance, the clause or clauses alleged to have been contravened, and the redress sought.  Such policy grievance shall be submitted to the Administrator, or their designate, within ten (10) days (excluding Saturdays, Sundays and Named Holidays) of the Formal Discussion referenced above.  Upon receipt of the grievance, a meeting, should it be necessary, shall be convened by the Administrator.  The meeting shall be held within ten (10) days (excluding Saturdays, Sundays and Named Holidays) of the receipt of the grievance unless mutually agreed otherwise.  The decision of the Administrator, or their designate, shall be made known to the Union, in writing, within ten (10) days (excluding Saturdays, Sundays and Named Holidays) of the date of the meeting.
   3. Arbitration
      Should the Union elect to submit a policy grievance as defined herein for Arbitration, it shall notify the other Party in writing within ten (10) days (excluding Saturdays, Sundays and Named Holidays) of receipt of the decision of the Administrator, or their designate, and name its appointee to an Arbitration Board at the same time.
   4. By mutual agreement in writing between the Parties, a single Arbitrator may be appointed.
4. Default
   1. Should the grievor or the Union fail to comply with any time limit set out in the grievance procedures in this Article, the grievance will be considered conceded and shall be abandoned unless the Parties have mutually agreed, in writing, to extend the time limit.
   2. Should the Employer fail to respond within the time limit set out in the grievance procedures in this Article, the grievance shall automatically move to the next step or be advanced to Arbitration on the day following the expiry of the particular time limit unless the Parties have mutually agreed, in writing, to extend the time limit.
5. By appointment made in writing at least one (1) working day in advance, an Employee may view their personnel file when the Employee has filed a grievance.  The Employee may be required to report to the Human Resources office to view their file.  Upon request, an Employee shall be given a copy of requested documents from their file when the Employee has filed a grievance.  The Employee may be required by the Employer to pay a reasonable fee established by the Employer to cover the cost of copying.